Financier Files Intent to Sue Haven Over Complex

Friday

WINTER HAVEN | The Landings financier Taylor Pursell has taken his first official step in filing a lawsuit against Winter Haven over the terminated deal to sell the Chain of Lakes Complex.

WINTER HAVEN | The Landings financier Taylor Pursell has taken his first official step in filing a lawsuit against Winter Haven over the terminated deal to sell the Chain of Lakes Complex.Pursell sent a letter Friday afternoon giving the city the six months' notice of intent to file a fraud lawsuit that Florida state statutes require.It is the first official step taken by Pursell since the Winter Haven City Commission terminated its contracts in January to buy the Chain of Lakes Complex.City spokeswoman Joy Townsend referred all questions to City Attorney John Murphy, who could not be reached for comment Friday afternoon.The Landings was a planned $150 million mixed-use development that would have included new restaurants, hotels, retail and an IMAX theater. It would have required the city to replace the many recreation facilities at the complex.Pursell and the city have been involved in talks since the termination, but the two sides could never meet on a settlement and some in Winter Haven began to wonder whether a suit would ever be filed.Pursell said Friday he had not started the process of filing the lawsuit earlier because he was doing everything he could to avoid one."But unfortunately, to my great dismay, we are going to have to file. ... It's going to be a lot of grief, and I hate it," Pursell said. "It's just not fun"The fraud lawsuit is just one of multiple suits Pursell said he will file. They will include a breach of contract suit and wrongful termination suit, among others.In a letter sent to Winter Haven City Manager Deric Feacher and Murphy on Friday afternoon, Pursell said he will seek damages from city officials as well as the city itself.Pursell's claim of fraud is over how the city handled replacing the facilities at the Chain of Lakes Complex.Pursell said the city never intended to replace the baseball fields or other recreation facilities, leading to an agreement to delay the project that caused issues the city later used to terminate the contract."The City repeatedly misrepresented to Landings Partners the intention of the City to move the baseball fields and the Municipal Complex and Landings Partners relied to its detriment on these misrepresentations in incurring substantial development costs, when all the while the City had no intention of fulfilling its obligations under the Agreement (and actively concealed these intentions)," wrote attorney Peter Fruin in the Friday letter. "Landings Partners has bona fide claims for fraud against the City, and under Florida law, is entitled to the full benefit of its bargain as a result of this wrongful conduct, including without limitation lost profits."Pursell has said his claims could total as much as $22 million against the city.Murphy could not be reached for comment Friday, but has denied any wrongdoing on the city's part.Commissioners terminated the sale contract over multiple material failures, including not closing on the purchase of 0.33 acres of city-owned land, not submitting a declaration of covenants, conditions and restrictions by May 5, 2012, and not advancing the project in a manner consistent with the terms of the agreement.Pursell said city officials told him they would agree to put off those requirements when he put off development of the project to allow a college baseball tournament to play earlier this year.Pursell has claimed emails show Murphy made the agreement when the city needed a contract to allow the RussMatt Central Florida Invitational to play earlier this year, but Murphy has said those emails show he was open only to new discussions.

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